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SUSTAINABLE FISHERIES MANAGEMENT PROJECT (SFMP)
Fisheries Working Group Legislative Review Regional Consultations with Fishers, Traditional leaders & CSOs
SEPTEMBER, 2018
i
This publication is available electronically in the following locations:
The Coastal Resources Center
http://www.crc.uri.edu/projects_page/ghanasfmp/
Ghanalinks.org
https://ghanalinks.org/elibrary search term: SFMP
USAID Development Clearing House
https://dec.usaid.gov/dec/content/search.aspx search term: Ghana SFMP
For more information on the Ghana Sustainable Fisheries Management Project, contact:
USAID/Ghana Sustainable Fisheries Management Project
Coastal Resources Center
Graduate School of Oceanography
University of Rhode Island
220 South Ferry Rd.
Narragansett, RI 02882 USA
Tel: 401-874-6224 Fax: 401-874-6920 Email: [email protected]
Citation: T. Boachie-Yaidom and K.K. Yamoah (2018). Fisheries Working Group
(FWG) Legislative Review Regional Consultations with Fishers, Traditional
leaders & CSOs. The USAID/Ghana Sustainable Fisheries Management Project
(SFMP). Narragansett, RI: Coastal Resources Center, Graduate School of
Oceanography, University of Rhode Island and Friends of the Nation.
GH2014_ACT173_FON. 47 pp.
Authority/Disclaimer:
Prepared for USAID/Ghana under Cooperative Agreement (AID-641-A-15-00001), awarded
on October 22, 2014 to the University of Rhode Island, and entitled the USAID/Ghana
Sustainable Fisheries Management Project (SFMP).
This document is made possible by the support of the American People through the United
States Agency for International Development (USAID). The views expressed and opinions
contained in this report are those of the SFMP team and are not intended as statements of
policy of either USAID or the cooperating organizations. As such, the contents of this report
are the sole responsibility of the SFMP team and do not necessarily reflect the views of
USAID or the United States Government.
Cover photo: Picture of the District Chief Executive of Shama District inaugurating the
reconstituted co-management committee. Together with the committee members are some
members of the advisory group
Photo credit: Philip Prah, FoN
ii
Detailed Partner Contact Information:
USAID/Ghana Sustainable Fisheries Management Project (SFMP) 10 Obodai St., Mempeasem, East Legon, Accra, Ghana
Telephone: +233 0302 542497 Fax: +233 0302 542498
Maurice Knight Chief of Party [email protected]
Kofi Agbogah Senior Fisheries Advisor [email protected]
Nii Odenkey Abbey Communications Officer [email protected]
Bakari Nyari Monitoring and Evaluation Specialist [email protected]
Brian Crawford Project Manager, CRC [email protected]
Ellis Ekekpi USAID AOR (acting) [email protected]
Kofi.Agbogah
Stephen Kankam
Hen Mpoano
38 J. Cross Cole St. Windy Ridge
Takoradi, Ghana
233 312 020 701
Andre de Jager
SNV Netherlands Development Organisation
#161, 10 Maseru Road,
E. Legon, Accra, Ghana
233 30 701 2440
Donkris Mevuta
Kyei Yamoah
Friends of the Nation
Parks and Gardens
Adiembra-Sekondi, Ghana
233 312 046 180
Resonance Global
(formerly SSG Advisors)
182 Main Street
Burlington, VT 05401
+1 (802) 735-1162
Thomas Buck
Victoria C. Koomson
CEWEFIA
B342 Bronyibima Estate
Elmina, Ghana
233 024 427 8377
Lydia Sasu
DAA
Darkuman Junction, Kaneshie Odokor
Highway
Accra, Ghana
233 302 315894
For additional information on partner activities:
CRC/URI: http://www.crc.uri.edu
CEWEFIA: http://cewefia.weebly.com/
DAA: http://womenthrive.org/development-action-association-daa
Friends of the Nation: http://www.fonghana.org
Hen Mpoano: http://www.henmpoano.org
Resonance Global: https://resonanceglobal.com/
SNV: http://www.snvworld.org/en/countries/ghana
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ACRONYMS
ADR Alternative Dispute Resolution
ASP Assistant Superintendent of Police
CSOs Civil Society Organization
DSP Deputy Superintendent of Police
EEZ Economic Exclusive Zone
EU European Union
FBB Far Ban Bo
FC Fisheries Commission
FDF Fisheries Development Fund
FEU Fisheries Enforcement Unit
FIA Fisheries Impacts Assessment
FoN Friends of the Nation
FWG Fisheries Working Group
GDP Gross Domestic Product
GHS Ghana Cedis
GIFA Ghana Inshore Fisheries Association
GITA Ghana Industrial Trawlers Association
GNCFC Ghana National Canoe Fishermen Council
IUU Illegal Unregulated Unreported
LI Legislative Instrument
MCS Monitoring, Control and Surveillance
MOFAD Ministry of Fisheries and Aquaculture Development
NAFPTA National Fish Processors and Traders Association
NICFC National Inland Canoe Fishermen Council
SDG Sustainable Development Goals
SFMP Sustainable Fisheries Management Project
SUPT Superintendent
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TABLE OF CONTENTS
CONTENTS
ACRONYMS ........................................................................................................................... iii
SECTION 1: INTRODUCTION ............................................................................................... 1
1.1 Background ...................................................................................................................... 2
1.2 Fisheries Legislation Review ........................................................................................... 3
1.3 Fisheries Legislation Review Workshop ......................................................................... 4
1.4 Key Output of Workshop ................................................................................................. 4
1.5 Key Conclusion ................................................................................................................ 5
SECTOIN 2: DETAIL WORKSHOP SESSIONS .................................................................... 6
2.1 Workshop Sessions .......................................................................................................... 6
2.2 Opening Session: Remarks and Statements ..................................................................... 7
2.2.1 Chairman’s Opening Remarks .................................................................................. 7
2.2.2 Welcome Statement from Friends of the Nation ...................................................... 8
2.2.3 Statement from European Union .............................................................................. 9
2.2.4 Statement by Mofad ................................................................................................ 10
2.2.5 Introductory Presentations and Discussions ........................................................... 11
Prosecution ....................................................................................................................... 12
2.2.6 Remarks from Co-Chair .......................................................................................... 14
SECTION 3: SYNDICATE SESSION DISCUSSIONS ......................................................... 16
3.1 Syndicate Group 1.......................................................................................................... 17
3.2 Syndicate Group 2.......................................................................................................... 17
3.3 Syndicate Group 3.......................................................................................................... 19
3.4 Plenary Session 1 ........................................................................................................... 20
SECTION 4: PRESENTATION ON IUU ON WORKSHOP DAY 2 .................................... 21
4.1 Syndicate Session 2 On Workshop Day 2 ..................................................................... 21
4.2 Plenary Session 2 On Day 2........................................................................................... 22
SECTION 5: PRESENTATIONS OF FINAL INPUTS TO THE DRAFTING
INSTRUCTIONS ..................................................................................................................... 24
SECTION 6: SUMMARY OF INPUT TO THE DRAFTING INSTRUCTIONS .................. 26
SECTION 7: ADDITIONAL INPUT ON OFFSHORE OIL AND GAS ACTIVITIES FOR
THE FUTURE FISHERIES LAW. ......................................................................................... 29
7.1 Fishing Around Oil and Gas Installation (Offshore, Near Shore) ................................. 30
7.2 Compensation for damaged fishing items/ gears by oil vessels .................................... 30
7.3 Oil spill and the impacts of marine and coastal ecosystems. ......................................... 30
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7.4 Provisions in the following documents should be in line with the new fisheries law.
(Fisheries Impact Assessment –FIA) ................................................................................... 30
SECTION 8: CLOSING COMMENTS FROM DONOR PARTNERS AND SOME
PARTICIPANTS ..................................................................................................................... 31
8.1 Comments by Nana Jojo Solomon (Representative of Gncfc) ...................................... 31
8.2 Comments By Mrs. Emelia Abeka-Edu, Vice President Of National Fish Traders And
Processors Association (Nafpta) .......................................................................................... 32
8.3 Comments by Sampson Mahu, Chairman of National Inland Canoe Fishermen Council
.............................................................................................................................................. 33
8.4 Comments By Mr. S. Mathiason, World Bank-Africa. ................................................. 34
8.5 Comments By Mr. Scott Apawugya, Greater Accra Region Fisheries Director ........... 35
8.6 Comments by Chief Supt. Antwi Ababio, Ghana Marine Police Unit .......................... 36
8.7 Comments by Mr. Christopher Ackon, Program Manager, Eu Delegation to Ghana ... 37
SECTION 9: CLOSING REMARKS BY OKATEKYIE DR. AMANFI VII (OMANHENE
OF ASAEBU TRADITIONAL AREA) .................................................................................. 38
SECTION 10: CONCLUSION OF WORKSHOP .................................................................. 39
LIST OF FIGURES
Figure 1. A picture with Nana Kobina Nketsia V, Paramount Chief of Essikado Traditional
Area giving his opening remarks ............................................................................................... 8
Figure 2.A picture of Donkris Mevuta, Executive Director of FoN, delivering the welcome
statement at the workshop. ......................................................................................................... 9 Figure 3. A picture with Mr. Christopher Ackon, Program Officer, European Union
Delegation Accra, making his statement ................................................................................. 10
Figure 4. A picture with Mr. Scott Apawugya, Greater Accra Regional Director of fisheries
speaking the workshop. ............................................................................................................ 11 Figure 5. DSP Sandra Tawiah Akorsah making her presentation on gaps in the Fisheries
prosecution and what the new law should be addressing. ....................................................... 14
Figure 6. A picture with Nana Akosua Gyamfiaba II, Queen Mother, Nyankrom Shama,
giving her remarks. .................................................................................................................. 15 Figure 7. A Picture of Mr. Kwadwo Kyei Yamoah, FoN Program Manager giving
participants details and guidelines of the syndicate session. ................................................... 16 Figure 8. A picture of participants in the Syndicate group 1 ................................................... 17
Figure 9. A picture of participants in the Syndicate Group 2 .................................................. 18 Figure 10. A picture of participants in the Syndicate Group 3 ................................................ 19 Figure 11. Torgbui Gbordzor III, Dusifiaga of Anlo State making a statement as the chair of
the first plenary session ............................................................................................................ 20
Figure 12. A picture with Mr. Eric Kwame Mensah giving the presentation on IUU fishing 21 Figure 13. A picture with Mr. Eric Mawuko Atsiatorme facilitating the syndicate group 3
discussions. .............................................................................................................................. 23
Figure 15. A picture with Naana Dumaaley I, Paramount Queen Mother of Ada translating
Mama Ayaba’s estuary definition in Ada to other participants at the workshop.................... 23 Figure 16. A picture with Mrs. Emelia Abeka-Edu, The National Vice President of NAFPTA
making a suggesting that Universities should task their student to develop smart test tool kit
for detecting bad fish as part of the student's project work. .................................................... 24
vi
Figure 17. A picture with Nenyin Ghartey V, Paramount Chief of Effutu Traditional Area
giving a summary presentation on review of parts one, two, ten and eleven of the new
drafting instructions of the fisheries and aquaculture bill. ....................................................... 25 Figure 18. A picture with ASP. Richard Odartey and DSP Sandra Akorsah Tawiah doing a
summary presentation on part three, five and nine of the draft instructions of the fisheries and
aquaculture bill......................................................................................................................... 25 Figure 19. A picture of Mr. Augustine Nwoley, giving a presentation on how oil and gas can
co-exist with fisheries .............................................................................................................. 31 Figure 20. A picture with Nana Jojo Solomon, representative of Ghana National Canoe
Fishermen Council urging organizers to conduct proceedings in the local language the next
time round for easy understanding by fishermen ..................................................................... 32 Figure 21. Mrs. Emelia Abeka-Edu NAFPTA Vice President urging the Fisheries
Commission to make available bad fish detector too kits to processors for easy identification
of bad fish. ............................................................................................................................... 33 Figure 22. A picture with Mr. Sampson Mahu, the chairman of Inland Fisheries Association,
expressing concern about the silence of the draft bill on inland fisheries. .............................. 34 Figure 23. A picture with Mr. S. Mathiason form the World Bank Ghana Office delivering a
statement at the workshop ........................................................................................................ 35 Figure 24. A picture with Mr. Scott Apawugya, Greater Accra Fisheries Commission
Director giving his closing remarks. ........................................................................................ 36 Figure 25. A picture with Chief SUPT. Antwi Ababio, Deputy Director of Marine Police,
delivering his closing remarks ................................................................................................. 37 Figure 26. A picture with Mr. Christopher Ackon, Program Officer and member of EU
delegation in Ghana sharing his Comments at the workshop. ................................................. 38
Figure 27. Okatekyie Dr. Amanfi VI, Paramount Chief of Asaebu Traditional Area giving the
closing remarks ........................................................................................................................ 39
LIST OF TABLES
Table 1. Summary of the input on the drafting Instructions. ................................................... 26
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SECTION 1: INTRODUCTION
The Ministry of Fisheries and Aquaculture Development (MOFAD) has initiated processes
for the review of Ghana’s fisheries laws, the review is ongoing and expected to be completed
by the end the year 2019. The legislation review was necessitated by stakeholder demands for
a more comprehensive fisheries laws that respond to current global and emerging fisheries
management trends. MOFAD as part of the process, engaged a consultant to develop drafting
instructions to guide the fisheries legislation review. The drafting instructions developed by
the consultant was circulated in the last quarter of 2016 by MOFAD to selected stakeholders
for inputs, however for several months, MOFAD did not received responds and inputs from
stakeholders as expected. This was partly, because the drafting instructions was not widely
distributed to the broader stakeholders and also because MOFAD did not organized any
forum to explain the review process and the content of the drafting instructions to inform and
prepare stakeholders of what inputs to submit.
In view of this, FoN organized a 3-day legislative review consultative workshop with support
of USAID/SFMP and the Far ban Bo (FBB) project funded by the European Union (EU).
Participants for the workshop included representatives from; fisher folk’s associations,
women fishers’ groups, canoe/ gear owners, fish workers, canoe/boat captains, fishing crew
members, District Assemblies, Traditional leaders, media, government agencies, Civil
Society Organizations (CSOs) and other underrepresented groups.
The workshop was used to explain the legislation review process and the content of the
drafting instructions to inform and prepare stakeholders of what inputs were expected. The
workshop provided the platform to collate stakeholder inputs including their interest,
concerns on the existing regulations.
The workshop was used to also collate new areas for inclusion to the future fisheries laws in
line with best practices; specific input included the proposals for the introduction of fishing
Quotas, Subsidy removal, reduction of fishing effort and other conservation measures.
Importantly, the workshop provided an important opportunity for stakeholders to participate
in the review of the legal and regulatory frame work with the aim to improve the regulations
and governance of the fisheries sector.
This report shares the key output of a 3-day legislative review consultative workshop
organized from 14th to 16th February, 2018 at Akromah Plaza Hotel in Takoradi, Western
Region.
This report also presents the collated inputs for the drafting instructions that will be used to
guide the development of a new fisheries law for Ghana.
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1.1 Background
Ghana’s fisheries industry contributes significantly towards the social, cultural and economic
development of the country. The fisheries sector specifically, supports Ghana’s national
economic development objectives relating to food security, employment, poverty reduction,
GDP and foreign exchange earnings. Fish also provides the Ghanaian consumer with about
60% of his or her animal protein needs and supplies naturally augment food availabilities
ensuring good nutritional outcomes particularly to the poor and rural population. Also the
vast number of people engaged in the fishing industry earn incomes that improve upon their
access to food, medicine, clothing and other basic necessities of life. The fisheries sector
indeed has far-reaching implications for food security in Ghana.
However, the sector is faced with the challenge of declining marine fisheries resources, and
this decline has been attributed to weak governance due to inadequate legal and regulatory
framework for the fisheries sector. These weaknesses have also tolerated widespread Illegal,
Unreported and Unregulated (IUU) fishing. Stakeholders have also raised concerns about
governance weaknesses that have permitted over-capitalization, open access, low compliance
and weak Monitoring Control and Surveillance (MCS).
Attempts by Ghana Government to address some of the challenges include;
The enactment of the Fisheries Act, Act 625 in 2002; the Act 625 established the
Fisheries Commission which was also a constitutional requirement. Act 625 created the
Fisheries Development Fund (FDF) to finance fisheries management and established the
MCS Division for enforcement of the Act. The Fisheries Act 625 also provided for the
integration of the Directorate of Fisheries into a more robust Commission for the
management of the utilization of the fisheries resources of Ghana and the coordination
of the policies in relation to them.
To also improve the management of fisheries resources, various management documents and
additional regulations were developed; these include but not limited to the following:
National Fisheries and Aquaculture Policy.
Fisheries Development Plan 2010-2015.
Ghana National Aquaculture Development Plan, etc.
Fisheries Regulation (LI 1968) in 2010.
Fisheries Amended Act, Act 880.
Fisheries Amended Regulation of 2015. (LI 2217)
National Marine Fisheries Management Plan (2015-2019).
Etc
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1.2 Fisheries Legislation Review
The Ministry of Fisheries and Aquaculture Development (MOFAD) have indicated that after
16-years of the passage of the parent fisheries law, Act 625 in 2002 and the accompanying
regulations, several global and local transformation and fisheries management approaches
have emerged that require a review of Ghana’s Fisheries Act 625 to reflect the new trends.
MOFAD further indicated that the Act 625 is faced with inadequacies in several respect and
has not been adequate to address several forms of IUU fishing.
Fisheries stakeholders have also complained about weaknesses of the Fisheries Laws and
Regulations (Act 625 of 2002, LI 1968, Act 880, etc.) to address current and emerging trend
of fisheries governance. Other weakness identified by stakeholders include enforcement and
prosecution weaknesses, where the current Fisheries Act 625 and associated regulations have
not been adequate to support successful prosecution in some cases. Also stakeholders
including Fishers, Traditional Leaders, CSOs, Media, etc. have complained about poor
stakeholders’ consultation during the enactment of the Act 625 and the others fisheries laws.
In responds to these concerns, MOFAD has begun the process for the review of the fisheries
laws. According to MOFAD, the main objective for the fisheries legislation review is to have
a more comprehensive fisheries legislation which is adaptive and adequately incorporates the
views of key stakeholders and also respond to new global trends in the fisheries governance.
4
1.3 Fisheries Legislation Review Workshop
The 3-day Fisheries Legislation Review workshop was organized by the Friends of the
Nation, Care and Oxfam in collaboration with MOFAD and with funding from
USAID/SFMP project and the European Union. The workshop brought together a total of 91
participants (19 females and 72 male) including; Traditional Leaders, local fishermen,
women fish processors/ Mongers, Inshore fishers, Industrial trawling fishers, Fisheries
Commission, Marine Police, Fisheries Enforcement Unit, the Navy, Development Partners,
etc.
1.4 Key Output of Workshop
This 3-day workshop was led by the Fisheries Working Group (FWG) and provided the
platform to inform stakeholders on the content of the drafting instructions. At the workshop,
key stakeholders selected from the four (4) coastal region of Ghana (Volta, Greater Accra,
Central and Western Region) were informed about the content of the drafting instructions for
the first time.
Though most of the participants had worked in the fisheries sector for several years,
participants indicated that the workshop was the very first time they were been
involved in the process of the drafting of a fisheries law.
The workshop therefore, provided the platform to collate inputs from participants for the
drafting instructions for Fisheries future fisheries law.
Specific inputs collated for the drafting instructions from the workshop participants were
categorized under the following headings: Governing Body, Statutory Committees,
Monitoring, Control and Surveillance (MCS) and Enforcement, Interpretations, Definitions,
etc.
Governing Body:
Participants recommended the need to increase the number of Fisher folk’s
representation on the Fisheries Commission Board from one (1) to two (2) members.
Participants explained that the current membership of only one (1) representative from
the local fisher folks was not adequate. They explained that there was the need for fair
representation for both Inland/Aquaculture and Marine Captured fisheries. So they
strongly recommended two members on the Board. i.e. one (1) representative from
inland and another representative from Marine was
Participants also expressed that the Fisheries Act 625 did not include any representative
of women fishers on the Fisheries Commission Board. Therefore, participants
recommended the urgent need to include one women fish monger/ processor
representative on the board. They explained that the inclusion of a women
representation of gender roles and participation that will promote gender fairness and
encourage fisheries policy to response to women issues.
Participants also strongly recommended the need to include Traditional leaders’
representative on the board. Participants argued that, a traditional leader from a major
fishing community and with requisite knowledge of the fisheries sector could be added
to the board.
Participants recommended that some institutions representatives on the board such as
the Ghana Irrigation Development Authority, Water Research Institute, etc could be
removed to accommodate the new additions to keep number of board members at 11
as required.
Statutory Committees:
5
Participants noted that the drafting instructions was silent on the Out-of-Court
settlement committee. They explained that the Fisheries Out-of-Court Settlement
Committee plays very important role for fisheries prosecution. Therefore, participants
recommended that it could be included under the Statutory Committee.
Monitoring, Control and Surveillance (MCS) and Enforcement.
Participants stressed that MCS activities were very important to ensure full implementation of
the laws. Therefore, participants recommended the following:
Authorized officer under the MCS should not be limited to only public officers but
could be expanded to include non- public officer, who could play a key role to combat
IUU fishing.
Community based organizations could also be considered as MCS groups at the various
levels (E.g. The Chief Fishermen could be a responsible Officer as part of the
Management committee). These groups could assist in evidence gathering and reporting
of IUU cases
A representative from GNCFC/ Fishermen, women representative and local authorities
could also be designated as authorized officers for MCS at the community level and
assigned to report illegal fishing activities.
Interpretations
Participants recommended the need for detail interpretation of the various terminologies and
key words used in the drafting instructions and the fishing laws to ensure clarity.
For example, it was recommended that the following key words need to be defined.
Canoe: Artisanal canoes needs to be defined especially the size, length and capacity of
the canoe. To provide clear distinction to other class of vessels.
Estuary: The boundary of an estuary, especially how far into the marine space could be
classified as estuary for no fishing activity, the eastward and westward boundaries
needs to be defined to also provide clarify for compliance and enforcement.
Fishery: Definition of fisheries for the purpose of the law is important.
Other Definition recommended by participants included the following;
Local Industrial Vessels: the size, capacity, endurance, etc for a local industrial vessel
needs to be defined
Semi Industrial Vessels: the size, capacity, endurance, etc for a Semi industrial vessel
needs to be defined.
Meaning of Reasonable Grounds: participant noted that the use of the phrase
reasonable grounds in relation to evidence gathering and prosecution need to be
explained or clarified to ensure that one is clear of what it means to enhance the
implementation of the law.
1.5 Key Conclusion
Participants concluded that the legislation review process was very important and provides
opportunity to identify the gaps and challenges of the Act 625 and the other fisheries
regulations. Participants however, proposed the following recommends below to support the
legislative review process.
The need for a comprehensive study of the existing fisheries laws to identify all the
weakness so that a future law could address all those weaknesses.
6
The need for publicity of the legislative review process to inform stakeholders of the
exercise and encourage them to submit inputs and participate in the process.
Broader stakeholder consultations led by MOFAD and FC to ensure that all fisher
Associations, Academia, CSOs, Donors, Media, Policy Makers, etc. have been
consulted to collate their input for the legislation review.
Participants proposed that MOFAD needs to facilitate this stakeholder consultation process
by; circulating a formal letter on the Ministry's letter head to formally inform stakeholders of
the impending legislative review and request for official support/ input for the review.
Participants recommended that a schedule with detail plan with time lines for this review
needs to be shared by MOFAD. Especially stakeholders want to know the following:
What are the time lines for this important legislation review?
How long do we have for stakeholder consultation?
When does the draft bill gets to the Attorney Generals Department?
When should we expect it in Parliament, Etc?
Participants also recommended that MOFAD needs to share the plan of action for stakeholder
consultations for the drafting process and content development for the bill. (stakeholders
wanted to know how MOFAD plans to consult broader stakeholders, geographical
consultations, etc. and which areas need stakeholder support/ funding, etc.)
Participants recommended the urgent need for MOFAD to convey a planning meeting with
key actors, Development Partners, CSOs, fisheries project implementation partners, etc. To
discuss the plan of action and the time frame for the legislation review and discuss how
stakeholders could support the processes.
NB: Stakeholders stressed the need for MOFAD to build partnership and collaboration with
stakeholder to ensure active participation and support for the legislation review process.
SECTOIN 2: DETAIL WORKSHOP SESSIONS
The 3-day workshop was facilitated through a participatory process to ensure participants
adequate appreciation of the content of the drafting instructions for the future fisheries law.
Small groupings/ syndicate sessions and plenary sessions were used to facilitate interactive
platforms for cross learning and sharing during the workshop. Well informed facilitators and
moderators were used to guide discussions at the workshop to ensure active participants
participation and optimal input gathering for the drafting instructions and the future fisheries
laws. The resources persons and facilitators used English and the local languages to ensure
the participants understood instructions and discussions at the workshop.
2.1 Workshop Sessions
The workshop facilitated under the following sessions:
1. Opening Session: The opening session was used to share the purpose and objective of the
workshop. The session was also used to share the detail agenda for the workshop to
encourage participation of the workshop sessions. Key partners gave speeches and
statements and shared their expectations and thoughts about the fisheries legislation
review. A presentation of the key challenges with respect to implementation of fisheries
Act 625 was also made to explain the identified prosecution gaps. Also the purpose for
reviewing the fisheries laws was shared by a representative of Fisheries Commission.
2. Syndicate Sessions: Syndicate sessions adopted the use of small groupings of
stakeholders to provide active platforms for participation of participants. The syndicate
sessions involved grouping of participants into working groups to hold in-depth
7
discussions on specific thematic sections of the drafting instructions. There were three (3)
syndicate sessions for each round. Each syndicate session was facilitated by pre-trained
facilitator and also a moderator from MOFAD/ Fisheries Commission. At the syndicate
sessions references were made to the Fisheries Act 625 and other fisheries laws to inform
the discussions.
3. Plenary Sessions: Plenary sessions were used to draw participants into deeper
discussions on the various topics discussed in the separate syndicate sessions. The plenary
sessions provided the platform for participates to be informed about the output from each
syndicate group. At the plenary sessions the key areas discussed in each group were
presented to all participants and additional inputs were collated from other participants in
the plenary sessions.
4. Closing Session: The workshop ended with a closing session where the summary of
issues collated from the Syndicate and plenary sessions were shared with stakeholders.
The closing session began with presentation of the summary of input from the entire
workshop for the drafting instructions. The closing session ended with closing remarks
from organizers and key stakeholders.
2.2 Opening Session: Remarks and Statements
The opening session was facilitated Mr. Eric Mawuko Atsiatorme from FoN, the session
began with by a prayer by Madam Ruby Adukpo from NAFPTA. This was followed by the
following;
The chairman’s opening remarks (Nana Kobina Nketsia V)
Welcome statement by Mr. Mevuta, Ex. Director of Friends of the Nation
Statements from key stakeholders.
o Mr. Christopher Ackon, Program Officer, European Union Delegation Accra.
o Mr. Scott Apawugya, Greater Accra Regional Director of Fisheries
Introductory Presentation by Lawyer, DSP. Sandra Tawiah Akorsah of the Marine
Police & FEU.
o Statement by co-chair of the opening session, Nana Akosua Gyamfiaba II, Queen
Mother, Nyankrom in Shama.
2.2.1 Chairman’s Opening Remarks
The opening session was chaired by Nana Kobina Nketsia V, the Paramount Chief of
Essikado.
In his opening remarks, he explained that Ghana has a long history of traditional fishing that
was successfully managed by traditional and customary laws before central government’s
involvement in fisheries management. He noted that the earlier fisheries laws including Act
625 failed to recognize the unique role of traditional and customary practices. He
explained that, this omission was one of the reasons for difficulty in implementing the
fisheries laws.
He explained that about 90% of Ghanaians do not understand the ecological justification of
the fisheries laws. He noted that the workshop presented an important opportunity for
stakeholders especially fisher folks to make inputs for the drafting of a future fisheries law.
He explained that the fisheries legislation review would help the nation produce a more
comprehensive law that would adequately addresses gaps identified in the existing Fisheries
Act 625.
Nana acknowledged the effort of Friends of the Nation (FoN) for bringing Traditional
Authorities, fisher folks and other important stakeholders to participate in the workshop.
8
Nana Nketsia V also encouraged participants to take full advantage of the opportunity
provided by the workshop to thoroughly review the drafting instructions for the future
fisheries law.
Finally, he encouraged stakeholders and development partners to support the development of
a comprehensive but practical fisheries laws that respect the tradition and culture of
Ghanaians.
Figure 1. A picture with Nana Kobina Nketsia V, Paramount Chief of Essikado Traditional Area
giving his opening remarks1
2.2.2 Welcome Statement from Friends of the Nation
Mr. Donkris Mevuta (Executive Director, FoN) delivered the welcome statement. In his
statement, he explained that the Fisheries Act 625 passed in 2002 was about 16 years. He
indicated that the Fisheries Act 625 was enacted with limited stakeholder input and therefore
had shown some limitations over time. He noted that the legislation review process required
adequate consultations to collate inputs to enrich the final document.
Mr. Mevuta acknowledged that the drafting instructions of the new Fisheries and
Aquaculture Development Bill represents a new paradigm shift in fisheries management. He therefore, encouraged stakeholders to take full advantage of the opportunity and make
inputs to the new drafting instructions for the future fisheries law before it is laid in
Parliament. He commended MOFAD’s efforts to review the fisheries laws and encouraged
1 “This workshop has provided an important opportunity for stakeholders especially Traditional Authorities and
Fisher folks to make inputs to the drafting instructions the for the future fisheries and aquaculture bill”.
Statement by Nana Kobina Nketsia V.
9
them to ensure that adequate stakeholder inputs are included. He acknowledged the presence
of some important dignitaries such as EU, USAID and thanked them for supporting the
workshop. He again thanked the Development Partners and stakeholders and encouraged
them to have fruitful deliberations on the drafting instructions.
Figure 2.A picture of Donkris Mevuta, Executive Director of FoN, delivering the welcome statement at the workshop.
2.2.3 Statement from European Union
The statement from the EU was given by Christopher Ackon (Programs Officer, EU). He
noted that the workshop will help Ghana eventually have an improved fisheries legislation.
Mr. Ackon said the 3-day introductory workshop would be an eye opener because there were
gaps in the Fisheries Laws and the concerns of stakeholders needs to be heard by the
Fisheries Ministry. He explained that the workshop presented an opportunity for fisher
folks to make inputs to the future fisheries law. He reiterated the need for open discussions
to ensure that all concerns and inputs were collated from participants. He also observed
that participants may have various interest in reviewing the Fisheries Laws E.g. Marine
pollution (different types of rubbish), IUU (using unapproved size of net to fish etc.). He
however, reminded participants that the Fisheries resources provides livelihood support to
2 “The Act 625 of 2002 was with limited stakeholder participation which made it difficult for effective
implementation. The workshop therefore provided a golden opportunity to ensure that stakeholder inputs are
collated and captured in the new draft before it goes to the Attorney Generals and to Parliament. Mr. Donkris
Mevuta.
3 “The Fisheries Commission’s efforts to make stakeholders and civil society organizations review and make
inputs into the drafting instructions of the new Fisheries and Aquaculture Development Bill represents a new
paradigm shift.” Mr. Donkris Mevuta
10
about 10% of the Ghanaian and stressed the need to conserve it. He noted that the protection
and conservation of the Marine resources would ensure that future generations continue to
enjoy the benefits in the future.
Mr. Ackon implored the facilitators to ensure that the issues discussed at the workshop are
relayed to the various constituents for further discussions in order to collate adequate inputs
for the future Fisheries Law.” Lastly, he thanked the fisher folks and other stakeholder for
participating in the workshop and encouraged them to participate actively in the review
process.
Figure 3. A picture with Mr. Christopher Ackon, Program Officer, European Union Delegation
Accra, making his statement4
2.2.4 Statement by Mofad
Mr. Scott Apawugya, the Greater Accra, Director of Fisheries Commission delivered a
statement on behalf of the Chief Director of the Ministry of Fisheries and Aquaculture
Development. In his statement, he said the fisheries sector continue to provide several
benefits for Ghanaians. He acknowledged that the sector was very important because it has
linkages with other sector of the economy and provides livelihoods for about 2.7million
Ghanaians.
He admitted that the Fisheries Act 625 of 2002 may not be adequate in some ways to
address the emerging challenges of global fisheries and there was the need for review of
the Act. He added that Ghana had signed on to some international fisheries related treaties
4 . “If the sea is not protected, our future generations will be denied of the benefits derived from the sea” Mr.
Christopher Ackon.
11
and conventions so there has been the need to review the fisheries laws to incorporates those
international treaties.
He encouraged participants and stakeholder to reflect on the existing law and especially make
proposals to review parts of the law that they have identified as problematic. He encouraged
participants to actively take ownership of the legislation review process and ensure that they
participate fully in the process. He finally urged participants to cooperate with organizers of
the workshop and ensure that it was successful.
Figure 4. A picture with Mr. Scott Apawugya, Greater Accra Regional Director of fisheries speaking the workshop.
2.2.5 Introductory Presentations and Discussions
An introductory presentation Titled “The Gaps in Fisheries Laws for Prosecution and What
a New Law Should Be Addressing” was delivered as part of the opening session. The
presentation was made by DSP, Lawyer, Sandra Akorsah-Tawiah (Prosecutor from the
Marine Police Division, Tema). Her presentation looked at the gaps in the fisheries Act 625
and the Fisheries Regulations. She also discussed and made recommendations on the
following: Effective Prosecution, Proper Investigation, Institutional coordination, etc.
Below are some highlights of the presentation.
Gaps in the Fisheries Act 625 and the Fisheries Regulations
DSP Tawiah explained that the Fisheries Act 625 and the Fisheries Regulations were good in
many ways. However, she noted there were gaps in the fisheries laws that needed to be
addressed. She explained that some of the gaps of the fisheries laws included the following;
Less punitive punishments for certain offences. E.g. regulation 11 of Fisheries
Regulation 2010, (LI 1968) and Section 88 of the Fisheries Act, 2002 (Act 625),
prescribe that offenses like light fishing, use of explosives and other obnoxious
12
chemicals for example could be charged from 25 Penalty Units (GHS 300.00) for first
offenders to 500 penalty Units (GHS 6000.00) for multiple offenders. She argued that
the fines were less punitive and there is the need to review them, if one considers the
harm such illegal fishing methods induces to the fisheries and human health.
Inadequate definition or clarity: she explained that, Section 31 of the fisheries
regulation LI 1968 discusses incidental catches but does not differentiate between
discard of fish and dumping of fish; she noted that such inadequate descriptions affects
prosecution. Also on dumping of fish she explained that the regulation 32 of LI 1968,
States that “(a) A person fishing (a) under the authority of a licence issued for
commercial fishing shall not dump from any vessel fish that has been caught which is
suitable for human consumption or (b) for personal use, for seafood, for recreational
or sport purpose, shall not dump fish that is suitable for human consumption.” She
explained that the provision above gives room for the argument or the reasons that fish
dumped were “not suitable for human consumption”. She argued that such claims
could be difficult to verify once the fish was dumped by a fisherman. She argued that
the phrase “suitable for human consumption” must be removed from that section of
the law.
Lack of strict interpretation of the mandate of an ADR committee or Out-of-Court
Settlement Committees. She explained that under the compounding of offences with
reference to section 116 of the fisheries Act 625, it is not clear what the mandate of the
Out-of-Court Settlement Committees was. She observed Out-of-Court Settlement
Committee could play a more important role in prosecution if the future fisheries laws
could provide clear mandate, functions and jurisdictional description for their work.
She also made the following recommendations for; prosecution, investigations and
institutional Coordination:
Prosecution
She said prosecution was a process of taking legal proceedings against someone on criminal
charge. She noted that the Fisheries laws appears to make fisheries infractions criminal in
nature and therefore it was cardinal that in drafting a charge against someone who has
committed an infraction under the law, the criminal procedure under the criminal offences
Act 1960 (Act 30) sections 109 and 110 ought to be followed. She advised that the future
fisheries Act needs to be in line with the Act 30 and the criminal code.
Investigations
DSP Tawiah explained that investigation involves the process of trying to find out or collate
all the details and facts in order to discover who, what or how an incident occurred. She
observed that, the definition meant that, investigation must involve a lot of time, monetary
resources, equipment, societal and governmental supports. She recommended that a future
fisheries law should make provisions for monetary resources, equipment, societal and
governmental support for fisheries investigations. She said in building a docket for the Law
Court, the prosecutor needs to obtain statement of complaint, statements from witnesses,
observer reports, investigation reports including cautioned/charge statements of the accused
and independent witnesses. She also explained that documentary and or audio visual evidence
for example video recordings or footage as proof of offence were need in some cases. She
noted that inadequate evidence weakens prosecution, she therefore proposed that the
future fisheries law needs to make provisions for adequate equipment to fisheries
enforcement officers for evidence gathering.
Institutional Coordination
13
DSP Tawiah observed that successful prosecution requires the cooperation of other
institutions, including Judiciary, Fisheries Commission, fishers and relevant institutions. She
explained there were challenges and gaps in the institutional cooperation. She noted that the
weak cooperation was affecting the work of the prosecutors in dealing with fisheries
infractions. She also explained that some judges were not abreast with the fisheries laws and
this was affecting prosecution of fisheries offences. She recommended that periodic
orientation training programmes on fisheries laws could be organized for judges to promote
effective prosecution of cases.
DSP Tawiah also suggested the establishment of specialized Law Courts for prosecuting
cases relating to fisheries and the need for the Court system to take a critical look at
Alternative Dispute Resolution (ADR) which was not recognised in the law fisheries Act
625 but has constantly been used by the Courts to avoid delays in prosecution of cases.
Conclusion
DSP Tawiah concluded that for effective prosecution of fisheries offences, there was the
need for effective institutional collaboration, effective investigation and docket building as
well as structured fisheries laws.
Recommendations
She also recommended the following;
The future fisheries laws need to have provisions for clear-cut punishment that will be
deterrent enough for certain offences including Light fishing, fishing with explosives
and chemicals.
There should be no dichotomy with respect to the offences per the act and the
regulation.
There should be clear meaning of some offences that create confusion in the minds of
stakeholders, especially dumping of fish, or discard of Fish, etc.
The drafters of the bill should include an ADR body /Out-of-Court settlement
committee and its specific roles, mandated, functions, etc.
14
Figure 5. DSP Sandra Tawiah Akorsah making her presentation on gaps in the Fisheries prosecution and what the new law should be addressing.
2.2.6 Remarks from Co-Chair
Nana Akosua Gyamfiaba II (Queen Mother of Nyankrom) was the co-chair for the opening
session and in her remarks. She made reference to all the speeches made by the dignitaries
and implored participants to take them serious in order to own the future fisheries laws which
will be developed and enacted to address problems associated with the fisheries industry.
She praised DSP Tawiah for her presentation and urged stakeholders to take note of her
recommendations. Nana Gyamfiaba II also encouraged participants to contribute actively in
the syndicate groups and to ensure that their issues are incorporated in the drafting
instructions and the future fisheries laws. She also praised the organizers for the well-
organized workshop and stressed the need for the future fisheries law to incorporate the
role of traditional leaders.
15
Figure 6. A picture with Nana Akosua Gyamfiaba II, Queen Mother, Nyankrom Shama, giving her remarks.
16
SECTION 3: SYNDICATE SESSION DISCUSSIONS
The syndicate sessions were used to provide small group participatory learning and sharing
platforms at the workshop. Participants joined syndicate groups of their choice depending on
interests and levels of expertise.
Prior to the grouping, Mr. Kyei Yamoah took participants through the workshop agenda and
the content of each syndicate session. This provided the platform for participants to
understand nature of the syndicate session and what was expected of them.
Figure 7. A Picture of Mr. Kwadwo Kyei Yamoah, FoN Program Manager giving participants details and guidelines of the syndicate session.
In all, participants reviewed separate parts of the drafting instructions over a period of two
days with intensive discussions.
The various parts discussed on the drafting instructions for the workshop day 1 and 2 are
listed below.
WORKSHOP DAY 1:
PART ONE & TWO (Objectives of the Bill)
PART THREE (Fisheries Management and Development).
PART FOUR (Fishing and Related activities in the fishery waters)
PART FIVE (Fishing and Related Activities Beyond the Fishery Waters)
WORKSHOP DAY 2:
PART EIGHT (Monitoring Control and Surveillance and Enforcement).
PART NINE (prohibition, penalties and offences)
PART TEN (jurisdiction, evidence and presumptions)
17
PART ELEVEN (MISCELLANEOUS) (General Regulations, Savings, Repeal,
Transitional Provisions).
3.1 Syndicate Group 1
The syndicate group 1 was facilitated by Mr. Eric Mawuko Atsiatorme, the group discussed
part one and two of the drafting instructions which had the following contents:
Part One: The following content of part one of the drafting instructions were discussed;
Objectives of the Bill, proposed Role of the Minister, Commission, Chief Executive
(Director).
Governing Body and proposed members of the Fisheries Commission Board.
Functions and mandate of Fisheries Settlement Committees, Fisheries Licenses
Evaluation Committee.
Money for the Commission (functions and objective of the Fisheries Development
Fund).
Part Two: The content of part two that was discussed included the following:
Fisheries Commission, their Role, Mandate, etc.
Functions of the Fisheries Commission.
Figure 8. A picture of participants in the Syndicate group 1
3.2 Syndicate Group 2
The syndicate group 2 was facilitated by; Mr. Kwame Mensah, the coordinator of the Far Ban
Bo project. The group discussed part three of the drafting instructions with the following
content:
PART THREE (Fisheries Management and Development).
Fisheries Management Plans.
18
Legal effects of Fisheries.
Fisheries Treaties and Commercial Access Agreements.
Implementation of International Obligations.
Regulations with regard to fisheries Conservation, Management and Development.
Regulations
Protection of endangered Species
Restrictions of fishing gear
Seasonal restrictions and prohibition for Areas, Quotas, etc
Measures to Prevent, Deter, and Eliminate IUU Fishing.
Specific Activities that Constitute IUU and Prohibition in respect of IUU fishing,
Deterrence sanctions for IUU.
Figure 9. A picture of participants in the Syndicate Group 2
19
3.3 Syndicate Group 3
The Syndicate Group 3 was facilitated by Mr. Theophilus Boachie-Yiadom, from FoN, the
group discussed part four and five of the drafting instructions as follow;
PART FOUR & FIVE (Fishing and Related activities in the fishery waters and Fishing and
Related Activities Beyond the Fishery Waters)
License Authorization Required.
License for Ghanaian Fishing vessel.
Foreign Fishing vessel.
Regulations.
Permits, registration of vessels
Role of district Assemblies in Management of Artisanal fisheries.
Renewal, validity, suspension, cancellation of permit or license.
Figure 10. A picture of participants in the Syndicate Group 3
20
3.4 Plenary Session 1
The plenary sessions were used to discuss the output from each of the syndicate group works.
The plenary session had two (2) main parts. Part 1 was presentations of the syndicate group
works where participants of the various syndicate sessions shared the key output of the group
work. This provided the platform for other syndicate group members to learn what was
discussed in the other groups.
The second part of the plenary session was used to collate additional inputs to the group
works, at this point participants from the other syndicate groups were provided the
opportunity to make inputs to the other presentations.
The plenary session 1 was chaired by the Dusifiaga of Anlo State, Torgbui Gbordzor III of
the Volta region House of Chiefs. He was supported by the following Traditional Leaders
from the Volta region House of Chiefs; Torgbui Zewu IV, Torgbui Sapey Agbo V and Mama
Ayaba II.
Mr. Scott Apawugya, the Greater Accra Regional Director of Fisheries Moderated the
plenary session 1.
Figure 11. Torgbui Gbordzor III, Dusifiaga of Anlo State making a statement as the chair of the first plenary session
21
SECTION 4: PRESENTATION ON IUU ON WORKSHOP DAY 2
A power-point presentation on Illegal, Unregulated and Unreported (IUU) fishing was made
on day 2 of the workshop to prepare participants for syndicate session 2. Mr. Kwame Mensah
of Care and the Coordinator of the Far Ban Bo Project, gave the presentation on the IUU. In
the presentation, he explained that IUU fishing continue to be a major problem in the West
African Region where vessels from other countries or regions conduct illegal fishing
activities because of weak monitoring. He noted that IUU fishing in Ghana’s EEZ by foreign
vessels and domestic IUU fishing by Ghanaian fishers are all major concerns. He explained
that Both smallholder Ghanaian fishers and industrial fishing companies are involved in IUU
fishing activities: such as transhipment, fishing without licence, tampering of vessels
monitoring systems, use of under-size mesh net sizes, use of explosives, chemicals, light
fishing and many more.
He concluded that IUU poses major threat to the sustainability of the fishery sector in Ghana.
He explained that if IUU is not addresses it would contribute to the depletion of marine fish
stocks and lead to ecosystem collapse which will result in livelihood deprivation for the
communities who depend on the fishery.
He encouraged participants to make specific inputs on IUU for the drafting instruction so that
the future fisheries law could deal with the IUU menace.
Figure 12. A picture with Mr. Eric Kwame Mensah giving the presentation on IUU fishing
4.1 Syndicate Session 2 On Workshop Day 2
On day 2, participants were grouped into 3 Syndicate groups for the syndicate session 2 as
follows:
Day 2: Syndicate Group 1
This syndicate session was facilitated by Mr. Theophilus Boachie-Yiadom of FoN, and the
group discussed part nine of the drafting instructions as follows;
22
PART NINE: (Prohibition, Penalties and Offences)
Prohibition and Civil Violations.
Civil Penalties.
Assessment of Civil Penalties.
Criminal Penalties.
Day 2: Syndicate Group 2
The syndicate group 2 on day 2 was facilitated by Mr. Kwame Mensah of Care, the group
discussed Part eight of the drafting instructions which had the following content.
PART EIGHT (Monitoring Control and Surveillance and Enforcement).
Monitoring Control and Surveillance and Enforcement (MCS) Systems.
Authorized officers.
Power of entry, and Search.
Powers of Arrest.
Powers of Seizure,
Observers
Non Liability for Officers.
Syndicate Group 3
The syndicate group 3 on day 2 was facilitated by Mr. Eric Mawuko Atsiatorme of FoN. The
group discussed part ten and eleven of the drafting instructions with the following content:
PART TEN: (Jurisdiction, Evidence and Presumptions)
Jurisdiction,
Evidences
Presumptions
PART ELEVEN: (Miscellaneous)
General Regulations
Savings, Repeal, Transitional Provisions.
Regulations: Under these parts the proposed regulations were in respect of Jurisdiction,
Evidence and Presumptions.
4.2 Plenary Session 2 On Day 2
The plenary session 2, discussed the day 2 syndicate group work in the plenary.
Presentations of the syndicate group works were made and open forum was adopted to collate
participants’ inputs to the group work presentations.
The following are pictures of the presentations and discussions sessions on day 2.
23
Figure 13. A picture with Mr. Eric Mawuko Atsiatorme facilitating the syndicate group 3 discussions.
Figure 14. A picture with Naana Dumaaley I, Paramount Queen Mother of Ada translating Mama Ayaba’s estuary definition in Ada to other participants at the workshop.
24
Figure 15. A picture with Mrs. Emelia Abeka-Edu, The National Vice President of NAFPTA making a suggesting that Universities should task their student to develop smart test tool kit
for detecting bad fish as part of the student's project work.
SECTION 5: PRESENTATIONS OF FINAL INPUTS TO THE DRAFTING INSTRUCTIONS
The summary input to the drafting instructions was presented on the third of the workshop.
all the groups presented their final input for the drafting instructions. Other comments,
observations and inputs from participants were also collated. Below are some pictures of the
summary inputs presented.
25
Figure 16. A picture with Nenyin Ghartey V, Paramount Chief of Effutu Traditional Area giving a summary presentation on review of parts one, two, ten and eleven of the new drafting
instructions of the fisheries and aquaculture bill.
Figure 17. A picture with ASP. Richard Odartey and DSP Sandra Akorsah Tawiah doing a summary presentation on part three, five and nine of the draft instructions of the fisheries and
aquaculture bill
26
SECTION 6: SUMMARY OF INPUT TO THE DRAFTING INSTRUCTIONS
The summary of input for the drafting instructions as collated from the workshop are
presented in table 1 below:
Table 1. Summary of the input on the drafting Instructions.
PART PROVISION INPUTS; SUGGESTIONS AND RECOMMENDATIONS
PART
ONE
Governing
Body
Statutory
committee
s
The governing
body of the
Commission is a
Board of
Commissioners
Fisher folk’s representation on the Fisheries Commission
Board should be increased from one (1) to two (2) members.
(Reason: to increase representation of Artisanal fishers, for
a fair representation for both Inland/Aquaculture and
Marine Captured fisheries. So one (1) representative from
inland and another representative from Marine was strongly
recommended).
Include representative of women fishers on the Fisheries
Commission Board. At least one women fish monger/
processor representative should be on the Board. (Reason:
Inclusion of a women representative will promote gender
fairness and encourage fisheries policy to response to
women issues in the fisheries sector.)
Include at least one Traditional leaders’ representative on the
board. (Reason: Traditional leaders play important role in
fisheries governance therefore the law should recognize and
include traditional leaders, especially from a major fishing
community and with requisite knowledge of the fisheries
sector).
Remove institutions representatives on the board such as the
Ghana Irrigation Development Authority, Water Research
Institute, etc. (Reason: to accommodate the new additions to
keep number of board members till at 11 as required.) These
institutions could rather be adhoc members who could be
called as and when needed.
Statutory
Committees Include Out-of-Court Settlement committee under statutory
Committees for a future law (Reason: Fisheries Out-of-
Court Settlement Committee plays very important role for
fisheries prosecution. so it needs to be included under the
Statutory Committee.)
PART
TWO
Fisheries
Commission,
Functions of the
Commission, etc
Define the Composition of Fisheries Commission. (Reason: to
clarify whether the Board and the existing Directorate constitute
the Commission and what their various roles are?).
Include the following to the functions of the Commission; a)
Ensure Transparency and Accountability b) Ensure effective
communication to fisheries stakeholders.
(Reason: Transparency and Accountability as well as weak
Communication has been an issue in the sector and this is
not seen as a main responsibility, therefore there is the
need to ensure effective communication to contribute to
behavioral changes as a core function).
27
PART PROVISION INPUTS; SUGGESTIONS AND RECOMMENDATIONS
PART
THREE
FISHERI
ES
MANAG
EMENT
AND
DEVELO
PMENT
Fisheries
Management
Plan
Define categories of Management plan to include, species
management plan, national, local level plans, etc. (Reason:
to ensure clarity and levels of plans for practicality, etc).
Include provision for development of community-based
fisheries management plans with local fisheries Co-
Management Committees.
Incorporate Customary Laws and best traditional
management practices in local management plans.
Include definition of IUU in the main Act and not in the
regulation or an Amended Act. (Reason: Development of
regulations if delayed will create problems for the
implementation of the Laws on IUU).
PART
FOUR &
FIVE
Fishing and
Related
Activities
Beyond the
Fishery Waters
Regulations.
Define Maritime zone in consonance with the constitution
of the Republic
Defined Vessel categorization to clarify the vessels types.
(Reason: Need to take into consideration the sizes of
vessels, be they Ghanaian or Foreign Flagged).
o Define fines in Penalty units for consistency, prescription
of penalties:
Clearly indicate fines in penalty units
(Indicate Penalty units) (pay cedi equivalent of the US
dollar amount). Adopt penalties in Act 880, however it
should be categorized by sizes of vessels. Need to also
prescribe penalties for each category of vessel)
Issues relating to the licensing of canoes in Act 625 should be
incorporated into the drafting Instructions for clarifications on
licensing.
PART
EIGHT
Monitoring,
Control and
Surveillance and
Enforcement
Development of an MCS system should not only rely on
cost but also an efficient, intelligence and technological
system
Authorized officer should not be limited to only public
officers but also Non- public officer.
Community based organizations should be part of the MCS
at the various levels (E.g. The Chief Fishermen must be a
responsible Officer as part of the Management committee).
A representative from GNCFC/ Fishermen, women
representative and local authorities as part of the authorized
officers.
Power of entry and search
Search without warrant must be led by a senior officer not
below the rank of an ASP.
Authorized officer under the MCS should not be limited to
only public officers but also could include non- public officer.
Community based organizations could also be considered as
MCS groups at the various levels (E.g. The Chief Fishermen
could be a responsible Officer as part of the Management
committee). These groups could assist in evidence gathering
and reporting of IUU cases
28
PART PROVISION INPUTS; SUGGESTIONS AND RECOMMENDATIONS
A representative from GNCFC/ Fishermen, women
representative and local authorities could also be designated
as authorized officers for MCS at the community level and
assigned to report illegal fishing activities.
PART
NINE
Civil Violations,
Prohibitions,
Penalties And
Offences
Specify the Committee responsible to prosecute Civil
Violations
(Reason: The committee responsible for handling Civil
Violations need to be clearly defined and their terms of
reference indicated to avoid misuse of power).
Define the levels of Sanctions. (Reason: Sanctions should
be differentiated with regards extent of infraction. The
drafting instructions needs to specify which
infractions/breaches qualify for suspension, cancellation of
licenses, permits and authorizations)
Assessment of civil penalties
Define the mode and form of notice to the violator
(Reason: The form in which notice is given to the violator
should be clearly stated). Recommendation: The notice
should be served in written form and violator given 14 days
to respond Whatever Regulations made pursuant to this act
must consider provision for redress, in the case where the
violator is aggrieved or the committee acts arbitrary with
respect to their powers. Also additional regulations made
in pursuant to this act must consider provision for redress,
in the case where the violator is aggrieved or the committee
acts arbitrary with respect to their powers )
Criminal
Penalties Define the power mandating an authorized officer to
conduct Search. (Reason: clear reference to a specific
mandate is required to support locus for evidence
gathering). The provisions in the following laws could be
considered as a guide:
Section 46 of ACT 30/60
ACT 267 of 2004. Ghana Maritime Security Act,
section 66
Section 88 of ACT 30/60
Section 94 of ACT 30/60
UN Charter on Migrant Smuggling
PART
TEN
Jurisdiction Specify jurisdiction if it involves an infraction by artisanal
fisherman, the circuit courts should be cloth to hear such
related matters.
Evidence Specify the time line for gazzetting of designated machines
for evidence gathering. (Reason: there is the need to ensure
that such machinery is available early enough for the
implementation of the law when passed. e.g. should be
procured within 3 months of the passage of the law).
Make provision to secure the specific photographic
equipment for evidence gathering. (Reason: the
29
PART PROVISION INPUTS; SUGGESTIONS AND RECOMMENDATIONS
photographic evidence described in the drafting
instructions require specificity therefore not any camera
could take such photos.)
Provide adequate training on the photographic evidence
(Reason: there is need to have photos superimposed with
time, GPS location, date, etc. probably too technical).
Presumptions Ensure that the Minister consult the Commission and the
Council/Board as well as consult fisheries stakeholders for
any additional regulations to support the future Act.
(Reason :discretionary powers needs to be regulated and
future regulations needs to be comprehensive and therefore
the need for adequate input.)
PART
ELEVEN
Interpretation s
and definitions Define a Canoe: (Reason: Artisanal canoes needs to be
defined especially the size, length and capacity of the canoe.
To provide clear distinction to other class of vessels).
Define an Estuary: (Reason: The boundary of an estuary,
especially how far into the marine space could be classified
as estuary for no fishing activity, the eastward and westward
boundaries need to be defined to provide clarify for
compliance and enforcement).
Define Fishery: (Reason: Definition of fisheries for the
purpose of the law is important to know what marine species
are classified as fishery under the law).
Define Local Industrial Vessels: (Reason: the size, capacity,
endurance, etc for a local industrial vessel needs to be
defined).
Define Semi Industrial Vessels: (Reason: the size, capacity,
endurance, etc for a Semi industrial vessel needs to be
defined).
Define Meaning of Reasonable Grounds: (Reason: the
phrase reasonable grounds need to be explained or clarified
to ensure that one is clear of what it means to enhance
evidence gathering).
SECTION 7: ADDITIONAL INPUT ON OFFSHORE OIL AND GAS ACTIVITIES FOR THE FUTURE FISHERIES LAW.
PRESENTATION ON OIL AND GAS INSTALLATION AND WHAT THE NEW
FISHERIES LAW SHOULD BE ADDRESSING; BY MR. AUGUSTINE NWOLEY.
Mr. Nwoley in his presentation stated that the increasing offshore oil and gas exploration and
production activities has implications for the fishing industry. He explained that the safety
zone around offshore oil & Gas installations, seismic exploration activities, ballast water
introduction and other activities by the Offshore oil and gas operator could have potential
impact of the marine fishery and was therefore the need for the future fisheries law to provide
for the following concerns;
30
7.1 Fishing Around Oil and Gas Installation (Offshore, Near Shore)
Mr. Nwoley noted that fishing around oil and gas installations poses great danger to the
health and safety of fishermen and therefore the new fisheries law should include sanctions
for incursions into the exclusive and advisory zones.
7.2 Compensation for damaged fishing items/ gears by oil vessels
He said since Ghana started commercial production of oil from the Jubilee Fields, there has
been several complaints regarding destruction of fishing gears by oil and gas supply vessels
without adequate or any compensation. He therefore suggested, Compensations for fishermen
who lose their property to accidental damages of fishing gear by oil vessels should be
specified in the new fisheries law.
7.3 Oil spill and the impacts of marine and coastal ecosystems.
Mr. Nwoley further raised concern about oil spills that sometimes go un-noticed and strongly
recommended that the fisheries law addresses this by adopting the polluter pay principle into
the relevant sections of the fisheries law or be made as part of the fisheries regulations.
7.4 Provisions in the following documents should be in line with the new fisheries law. (Fisheries Impact Assessment –FIA)
He said provisions in the Safe Sea Access Framework (Draft), National Oil Spill Contingency
Plan, Petroleum Exploration and Production Law, and the Petroleum Management Act must
align with the new fisheries law to avoid loop holes and inconsistencies. He concluded his
presentation with a call on relevant agencies to as a matter of urgency, set-up a publicized
call center for citizens to communicate with relevant authorities in case of an oil spill
31
Figure 18. A picture of Mr. Augustine Nwoley, giving a presentation on how oil and gas can co-exist with fisheries
SECTION 8: CLOSING COMMENTS FROM DONOR PARTNERS AND SOME PARTICIPANTS
After the summary presentations and discussions, stakeholders from GNCFC, NAFPTA,
GNICA, and Development Partners shared their observations about the workshop and gave
the following final comments.
8.1 Comments by Nana Jojo Solomon (Representative of Gncfc)
Nana Solomon thanked the organizers for such an important workshop and for creating the
platform for fishermen to contribute to the drafting instructions for the future fisheries and
aquaculture bill. He explained that fisher folks have serious concerns with some of the
provisions in the Act 625 and the other fisheries regulations and praised MOFAD for the
review. He stressed that artisanal fisher folks were one of the most important stakeholders in
the fisheries sector and therefore their input for the future law was very relevant. He
encouraged the chief fishermen to communication the processes of the fisheries legislation
review to the members at the landing sites.
He also praised the organizers and recommended that additional consultations be organized to
collate more inputs from local fishermen at the various regional and community level. He
pledged the support of the GNCFC for the process and noted that the council was ready to
partners with MOFAD and other institutions to organize similar consultations.
32
Figure 19. A picture with Nana Jojo Solomon, representative of Ghana National Canoe Fishermen Council urging organizers to conduct proceedings in the local language the next
time round for easy understanding by fishermen
8.2 Comments By Mrs. Emelia Abeka-Edu, Vice President Of National Fish Traders And Processors Association (Nafpta)
Mrs. Abeka-Edu thanked the workshop organizers for the platform for stakeholders particularly
women to dialogue and submit inputs for the drafting instructions for the future fisheries law.
She appealed to MOFAD, the Development Partners and stakeholders to organize regional and
district wide forums to collate women issues for the legislation review. She explained that
though women played important role in fisheries they have not been given the commensurate
recognition.
Mrs. Abeka-Edu strongly recommended that there was the urgent need for a representative of
women fish processors/ monger on the Fisheries Commission Board. She further urged the
Fisheries Commission to procure fish detector tool kit for fish processors for easy identification
of bad fish.
33
Figure 20. Mrs. Emelia Abeka-Edu NAFPTA Vice President urging the Fisheries Commission to make available bad fish detector too kits to processors for easy identification of bad fish.
8.3 Comments by Sampson Mahu, Chairman of National Inland Canoe Fishermen Council
Mr. Mahu noted that the drafting instructions for the future fisheries and aquaculture bill was
silent on inland fisheries sector and expressed the hope that the drafters of the fisheries and
aquaculture bill will solicit inputs from the inland fisheries stakeholders. He stressed that
there was need for MOFAD to organize adequate stakeholder consultations for the inland
zone and aquaculture areas.
He stated that, many fisheries infractions were being committed by some marine fishermen in
inland waters. He cited the casting of drag nets in some of the estuaries.
Mr. Mahu, further noted that the harvesting of mangroves in the Volta lake was reducing
breeding grounds for fish and asked government to take urgent measures to stop the practice
34
Figure 21. A picture with Mr. Sampson Mahu, the chairman of Inland Fisheries Association, expressing concern about the silence of the draft bill on inland fisheries.
8.4 Comments By Mr. S. Mathiason, World Bank-Africa.
Mr. Mathiason thanked the organizers for putting together a successful workshop. He praised
stakeholders for demonstrating great enthusiasm in reviewing the drafting instructions for the
future fisheries and aquaculture bill. He noted that the fisheries legislation review was an
obvious opportunity to improve the fisheries law. He also added that to process to have
stakeholders input to the review of the law was laudable and would promote ownership of the
future law.
35
Figure 22. A picture with Mr. S. Mathiason form the World Bank Ghana Office delivering a statement at the workshop
8.5 Comments By Mr. Scott Apawugya, Greater Accra Region Fisheries Director
Mr. Apawugya, in his statement indicated that the fisheries legislation review was an
important process to develop a comprehensive fisheries laws which would respond to global
trends.
He stressed the need for stakeholders to participate in the process to ensure that their inputs
are captured for the drafting of the new fisheries law. He noted that a good fisheries law
would support and promote sustainable fisheries and ensure livelihood and food security for
many Ghanaians.
He urged participants to inform their association and community members so that they can
also add their inputs before the final draft is sent to Attorney General Department.
He expressed his appreciation for the workshop and applauded the organizers for the
successful facilitation and innovative participation session of the workshop. He also praised
the participants for the active participation in the 3days workshop and noted that there was
the need for similar workshops to inform and collate more inputs. He encouraged
stakeholders to submit any additional inputs to the Chief Director of MOFAD before the end
of the stakeholder consultation period.
36
Figure 23. A picture with Mr. Scott Apawugya, Greater Accra Fisheries Commission Director giving his closing remarks.
8.6 Comments by Chief Supt. Antwi Ababio, Ghana Marine Police Unit
Chief Superintendent. Ababio explained that the future fisheries Law will be meaningless if
law enforcers (Marine Police/ FEU) are not adequately abreast with the law. He explained
that, globally, enforcement and deterrence are important components for ensuring the
implementation of the law.
He noted that the fisheries enforcement agencies in Ghana are constrained with inadequate
personnel, logistics and inadequate budgetary allocation. He explained that enforcement of
fisheries was very unique and involved special machinery and tactics. He explained that
fisheries managers could support fisheries enforcement with percentage of the fines paid by
arrested offenders. He therefore, proposed that stakeholders should insist that the future
fisheries law should set aside percentage of the fines to support Fisheries Enforcement.
He concluded his statement by asking stakeholders to support and collaborate with fisher
enforcement agencies for the implementation of the fisheries laws.
37
Figure 24. A picture with Chief SUPT. Antwi Ababio, Deputy Director of Marine Police, delivering his closing remarks
8.7 Comments by Mr. Christopher Ackon, Program Manager, Eu Delegation to Ghana
Mr. Ackon explained that the European Union (EU) attach high importance to the fisheries
sector due to the significant of the sector. He added that the EU is supporting two main
projects for the fisheries sector; the Far Ban Bo Project and ‘Far Duma Nkodo’ Project. He
noted that the two projects were working with stakeholders to contribute to the sustainable
management of the fisheries sector.
He asked participants to continue the discussions with their groups, fisheries association
members and other fisheries stakeholders to collate further input. To conclude his statement,
he thanked all the participants for their dedication and commitment in sharing their inputs for
the drafting instructions.
38
Figure 25. A picture with Mr. Christopher Ackon, Program Officer and member of EU delegation in Ghana sharing his Comments at the workshop.
SECTION 9: CLOSING REMARKS BY OKATEKYIE DR. AMANFI VII (OMANHENE OF ASAEBU TRADITIONAL AREA)
Dr. Amanfi noted that the fisheries industry was very important to the resilience of Ghana’s
economy. He was however concerned that illegally fishing was fast becoming the norm rather
than the exception and that if care was not taken, the fishery resources will be depleted within
the next few years. He added that the fisheries resources have been adequately made/created
but humans have destroyed these resources particularly in the marine fisheries.
He said the President of the Republic is one of the ambassadors of the Sustainable
Development Goals (SDG) and therefore, stakeholders could support him and the Nation in
achieving the SDG goal 14.
He further encouraged participants to continue the discussions and collate additional input
from their associations and groups for the future fisheries law.
He finally thanked participants for their time and attention.
39
Figure 26. Okatekyie Dr. Amanfi VI, Paramount Chief of Asaebu Traditional Area giving the closing remarks
SECTION 10: CONCLUSION OF WORKSHOP
Participants expressed strong interest and wiliness to participate in the fisheries legislative
review process. They explained that there was urgent need for adequate stakeholder input for
the drafting instructions and also for the subsequent development of the content of the future
fisheries bill.
Participant also expressed that the legislation review process presented an opportunity to
address the challenges and concerns with the Act 625 and associated regulations, including;
1. Review the composition of the Fisheries Commission Board to include key stakeholders.
2. Introduce proper fisheries co- management Regime,
3. Clarify the discretionary powers of the sector Minister.
4. Clarify the role of the Commission (Board), Directorate/ Secretariat and the Ministry
5. Provide for mandatory use of sound science-based information to inform fisheries
management.
6. Introduce adequate fishing gear regulations.
7. Introduce practical measure to addressing Illegal Unreported and Unregulated (IUU).
8. Institute proper measures for the management of the Fisheries Development Fund to
promote greater accountability and transparency.
9. Provide adequate provisions for Fisheries Out-of-Court Settlement Committees.
10. Provide incentives for compliance including community incentives.
11. Provide adequate material, logistical and financial support for effective Fisheries
Enforcement.
12. Introduce proper regulations for Marine Protected Areas and Close Season,
13. Introduce proper regulations for Fishing Quotas, etc.
40
14. Provide proper regulation for Fisheries Impacts Assessment (FIA) and how to
address impacts of offshore oil and gas exploitation including compensation damage, oil
spillages, access compensation, environmental damage cost,
15. Etc.
Participants noted that stakeholders were not adequately consulted during the development of
the Fisheries Act 625, Amended Act 880 and the Regulations. They remarked that, the lack of
consultations might be part of the reasons, why there are several challenges with the
implementation of the fisheries laws.
They strongly recommended that MOFAD should ensure adequate stakeholder consultation
for the legislative review, especially with the various fishing associations and fishing
constituencies from the National through to the landing site level.
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